SB 813
AN ACT relating to the creation of grievance boards with concurrent
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to Senate committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to the creation of grievance boards with concurrent
Subject Areas
Bill Text
relating to the creation of grievance boards with concurrent jurisdiction over certain appeals involving the administration of BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 8, Education Code, is amended by adding Subchapter F to read as follows: SUBCHAPTER F. GRIEVANCE BOARDS Sec. 8.201. DEFINITION. In this subchapter, "grievance board" means a grievance board established under this subchapter by the executive director of a regional education service center. Sec. 8.202. ESTABLISHMENT. The executive director of each regional education service center shall establish and operate a grievance board. A grievance board shall exercise jurisdiction only within the regional boundaries of the center, as established by the commissioner under Section 8.001(c). Sec. 8.203. COMPOSITION. A grievance board is composed of five members appointed by the executive director of each regional education service center as follows: (1) one member who is a school administrator employed by a school district served by the center; (2) two members who are classroom teachers employed by a school district served by the center; and (3) two members who are parents of students attending public schools located in a school district served by the center. Sec. 8.204. DUTIES AND POWERS. (a) A person may appeal in writing to a grievance board established under this subchapter a grievance over which the board has jurisdiction in the same manner in which an appeal is made to the commissioner under Section 7.057, (b) A grievance board has concurrent jurisdiction with the commissioner regarding a grievance that may be appealed under (1) the person aggrieved resides within the regional boundaries of the regional education service center; (A) an action or decision of the board of trustees of a school district served by the regional education (B) the school laws of this state; or (C) a provision of a written employment contract between a school district served by the regional education service center and a school district employee, if the violation causes or would cause monetary harm to the employee; and (3) the person aggrieved appeals to the grievance board not later than the 60th day after the person exhausts the person's options under the grievance procedure established by the board of trustees of a school district under Section 26.011. (c) Except as provided by Subsection (d) and subject to Subsection (e), a grievance board shall hold a hearing and issue a decision without cost to the parties involved not later than the 60th day after the date an appeal is filed with the grievance board. (d) Subject to Subsection (e), in an appeal involving the actions or decisions of the board of trustees of a school district, a grievance board shall, not later than the 90th day after the date the appeal is filed, hold a hearing and issue a decision based on a review of the record developed at the district level under a substantial evidence standard of review. (e) The parties to an appeal to a grievance board may agree in writing to extend, by not more than 30 days, the period for a hearing and decision under Subsection (c) or (d), as applicable. (f) A grievance board may issue a decision only by the (g) A person is not required to appeal to a grievance board (1) appealing to the commissioner under Section 7.057; (2) pursuing a remedy under a law: (A) outside of Title 1 or this title to which Title 1 or this title makes reference; or (B) with which Title 1 or this title requires (h) A person may file an appeal either with a grievance board established under this subchapter or with the commissioner under Section 7.057, but may not file an appeal with respect to the same grievance with both a grievance board and the commissioner. Sec. 8.205. HEARINGS. In conducting a hearing under this subchapter, each member of a grievance board has the same authority relating to discovery and conduct of a hearing as a hearing examiner has under Subchapter F, Chapter 21. Sec. 8.206. OFFICERS. A grievance board shall elect from among its members by a majority vote the chair of the board. The chair serves a term of one year. Sec. 8.207. TERM OF OFFICE. The board members serve staggered terms of two years, with the terms of two members expiring on January 1 of each even-numbered year and the terms of three members expiring on January 1 of each odd-numbered year. Sec. 8.208. GROUNDS FOR REMOVAL OF BOARD MEMBER. (a) It is a ground for removal from a grievance board that a member: (1) commits malfeasance of office; (2) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's (3) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, unless the absence is excused by majority (4) does not have at the time of appointment the qualifications required by Section 8.203; or (5) does not maintain during service on the board the qualifications required by Section 8.203. (b) The validity of an action of a grievance board is not affected by the fact that it was taken when a ground for removal of a Sec. 8.209. COMPENSATION AND REIMBURSEMENT. A member of a grievance board is not entitled to compensation from the regional educational service center but is entitled to reimbursement with center funds for necessary expenses incurred in performing duties Sec. 8.210. JUDICIAL REVIEW. (a) A person aggrieved by a board's decision may appeal to a district court with jurisdiction over the county in which the regional education service center that established the grievance board is located. (b) If the aggrieved party is a school district, the appeal may be filed in a district court with jurisdiction over the county in which the school district is located. (c) An appeal under this section must be made by serving the board's chair with citation issued and served in the manner provided by law for civil suits. The petition must state the action or decision from which the appeal is taken. At trial, the court shall determine all issues of law and fact, except as provided by SECTION 2. (a) Not later than January 1, 2026, each executive director of a regional education service center shall: (1) provide for the establishment and operation of a grievance board, as required by Section 8.202, Education Code, as (2) appoint the members of the center's grievance board, as required by Section 8.203, Education Code, as added by (b) A grievance board established under Subchapter F, Chapter 8, Education Code, as added by this Act, may not take action until a majority of the members of the board have taken office. SECTION 3. This Act applies only to an appeal brought on or after the effective date of this Act. An appeal brought before the effective date of this Act is covered by the law in effect on the date the appeal was brought, and the former law is continued in SECTION 4. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to the creation of grievance boards with concurrent
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